By George H. Friedman* Talk about a bad draft day. In the midst of the NFL draft week hoopla came word that the Supreme Court of Missouri had disqualified the NFL’s Commissioner as the sole arbitrator in a case involving a non-player employee of the St. Louis Rams. Besides standing for the general proposition that…
By George H. Friedman* [This was originally published in the author’s blog at the Securities Arbitration Commentator] I recently authored a post in my blog at the Securities Arbitration Commentator, CFPB Issues Final Report on Arbitration, Telegraphing a Ban or Limits on Arbitration. Should SEC follow Suit? While the short answer was “no,” I did…
[This was originally published in the author’s blog at the Securities Arbitration Commentator] For those who thought the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), laid to rest any questions about whether the Federal Arbitration Act (“FAA”) preempts state laws barring class action waivers in a consumer predispute arbitration…
By George H. Friedman* Introduction The recent release of the Consumer Financial Protection Bureau’s Final Report to Congress on mandatory arbitration of consumer financial disputes has focused attention on the prevalent use of mandatory, predispute arbitration agreements (“PDAAs”) in consumer transactions. The Report, released March 10th was quite negative about arbitration, foreshadowing regulations to address…
By George H. Friedman [This was originally published in the author’s blog at the Securities Arbitration Commentator] Short answer: no. For those who want a little more detail, read on. I wrote recently on my blogs at both the Securities Arbitration Commentator and Arbitration Resolution Services about the Consumer Financial Protection Bureau’s (“CFPB”) study of…